The New Jersey Supreme Court issued its decision yesterday in United Parcel Service General Services Co. et al. v. Director, Division of Taxation after our September 23, 2014 argument.  The Supreme Court concurred with the decisions of the Appellate Division and the Tax Court and held that the "Division did not exercise properly the discretion the Legislature afforded to it" when it declined to waive late payment penalties, and that amnesty penalties did not apply in a case like this one where a taxpayer timely filed tax returns, paid all reported tax liabilities, and was found to be liable for additional taxes following an audit.

UPS was represented by Morrison & Foerster LLP in this matter. Please contact Craig Fields or Mitchell Newmark with questions regarding the decision.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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